For Your Data Producers Lumber & Render Co. V. Olney Edifice Co. Illustration Brief
September 01, 2019
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Producers Lumber & Supply Co. v. Olney Bldg. Co. illustration brief summary
333 S.W.2d 619 (1960)
CASE FACTS
Appellee erroneously constructed a edifice on a lot owned yesteryear appellant. Appellee afterwards demolished the building. Appellant instituted an activeness against appellee to recover damages therefore. Influenza A virus subtype H5N1 jury inwards the courtroom below flora that appellee had acted maliciously inwards demolishing the edifice because it did then without the consent or noesis of appellant. Finally, the jury flora that appellant was entitled to have $300 inwards exemplary damages. The parties stipulated that the edifice had a value of $5,000 as well as that the edifice had enhanced the value of the lot yesteryear $5,000.
PROCEDURAL HISTORY
The courtroom below awarded appellant $600, which was the amount the jury flora it would cost to restore the lot to the same status it was inwards right away earlier the structure commenced.
DISCUSSION
CONCLUSION
The lower court's observe of damages inwards favor of appellant was affirmed after the courtroom modified the judgment yesteryear adding to the observe sums equal to the value of the edifice demolished as well as the value of exemplary damages flora yesteryear the jury.
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333 S.W.2d 619 (1960)
CASE SYNOPSIS
Appellant society sought review of the judgment of the lawsuit courtroom (Texas), which rendered a judgment inwards favor of appellant against appellee corporation inwards the nitty-gritty of $ 600 inwards a arrange filed yesteryear appellant to recover damages after appellee demolished a edifice it had accidentally constructed on appellant's lot. Appellant argued that the judgment should bring been for a much higher amount.CASE FACTS
Appellee erroneously constructed a edifice on a lot owned yesteryear appellant. Appellee afterwards demolished the building. Appellant instituted an activeness against appellee to recover damages therefore. Influenza A virus subtype H5N1 jury inwards the courtroom below flora that appellee had acted maliciously inwards demolishing the edifice because it did then without the consent or noesis of appellant. Finally, the jury flora that appellant was entitled to have $300 inwards exemplary damages. The parties stipulated that the edifice had a value of $5,000 as well as that the edifice had enhanced the value of the lot yesteryear $5,000.
PROCEDURAL HISTORY
The courtroom below awarded appellant $600, which was the amount the jury flora it would cost to restore the lot to the same status it was inwards right away earlier the structure commenced.
DISCUSSION
- On appeal, the courtroom amended the lower court's judgment to let appellant to recover the sums of $5,000 as well as $300 inwards add-on to the $600 awarded yesteryear the courtroom below.
- The courtroom flora that appellant was entitled to the value of the edifice because appellee committed waste matter when it demolished the edifice without the noesis or consent of appellant.
- The lower court's judgment was affirmed equally amended.
CONCLUSION
The lower court's observe of damages inwards favor of appellant was affirmed after the courtroom modified the judgment yesteryear adding to the observe sums equal to the value of the edifice demolished as well as the value of exemplary damages flora yesteryear the jury.
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